ARKANSAS COURT OF APPEALS
NOT DESIGNATED FOR PUBLICATION
LARRY D. VAUGHT, JUDGE
JERRY L. PEARSON
STATE OF ARKANSAS
September 5, 2007
APPEAL FROM THE CRAIGHEAD
COUNTY CIRCUIT COURT
HON. PAMELA HONEYCUTT,
MOTION DENIED; ATTORNEY
RELIEVED & NEW ATTORNEY
The record in this criminal case was lodged with the court on March 28, 2007, and a
briefing schedule was set by the clerk. The appellant’s brief was due on May 7, 2007. No
brief was filed, no motion for extension of time was filed, and on May 30, 2007, the State
filed a motion to dismiss for failure to prosecute the appeal. No response was filed by the
appellant. On June 20, 2007, this court denied the State’s motion but required the appellant
to file its brief by July 20, 2007.
Again, no brief or motion for extension of time was filed by the appellant and on
August 10, 2007, the present motion of the State to dismiss the appeal was filed. This motion
was submitted to the court on August 22, 2007, with no response from appellant.
While the rules allow this court to dismiss an appeal for failure to prosecute the
appeal, an indigent criminal appellant has a right to an appeal and to a competent attorney
to assist in that right. Therefore, the State’s motion to dismiss the appeal is again denied. The
appellant’s attorney, Terry Goodwin Jones, is relieved from further representation of the
appellant in this case, and Chad M. Green of North Little Rock is hereby appointed to
represent the appellant. Ms. Jones is ordered to return the record to the clerk immediately,
and the clerk shall set a new briefing schedule. A copy of this opinion is submitted to the
Committee on Professional Conduct to consider any appropriate sanctions against Ms. Jones.
HART, J. dissents.